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Fighting collection Agency and Judgment

Discussion in 'Alternative Dispute Resolution' started by vincearosa, Apr 6, 2008.

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  1. vincearosa

    vincearosa Law Topic Starter New Member

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    I recently checked my credit report and was shocked when I discovered I had a negative mark on my credit as well as a judgment against me for the amount of $5,700.00. I immediately contacted the collection agency (Credit Consultant Service) and asked what this was about and requested any and all information regarding this that would validate this suit and debt. They would only send me a copy of a "credit card application" from 1998 (which was different from the actual creditor) and a copy of the judgment. (I now have learned that the judgment is Validation of debt). They refused to send anything else. Now that have a judgement, they refuse to discuss anything with me. I did notice that the mailing address on the judgement was from an address I had not lived in years. I was not hiding, I don't owe this debt! The credit card application was from Community Bank to which I use to have an Visa account but it was paid in full, never late and closed in Nov of 2000 and shows so on my credit report. I contacted the creditor "Robobank" whom refuse to discuss the debt as it has been sold and is no longer in their possession. I have never had an account with Robobank nor ever maintain any credit with them. I have never been served, notified or received any form of communication…. Its like they just went out quietly and got a judgement and now that they have it....The show me nothing, Very difficult to defend myself when i don;t know what its for....What do I do? How do I petition to re-open the cases? If I get them back in court, I can prove this is not my debt. I have some legal background. How do I petition the court to re-open the case? Sir, I live in California. Do I need to file an "order to show cause" and what other form follows? I am frustrated and need help. TY in advance, Vince
     
  2. JohnMacek

    JohnMacek New Member

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    you can file a motion to have the judgment set aside.... but I would hire an attorney to do it.
     

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